Constitutional Court

Subject matter of the Referral filed with the Constitutional Court by the Applicant is the alleged unreasonable length of appellate criminal proceedings against judgment of the Municipal Court in Vushtrri, K 66/2009, of 25 May 2010, That criminal proceeding has been instituted against accused DD, The Applicant is interested party in the proceedings, The Applicant considers that his rights guaranteed by Articles 3 and 24 [Equality before the Law], Article 54 [Judicial Protection of Rights] and Article 56 [Fundamental Rights and Freedoms during a State of Emergency] of the Constitution have been violated, The Court notes that in this case the Applicant does not prove “the status of the victim caused by a public authority”, as it is required by Article 113,7 of the Constitution in conjunction with Article 34 of the European Convention for Protection of Human Rights, The Court recalls that a victim is a natural or legal person, A person who is not affected in this manner does not have standing as a victim since the Constitution does not provide for actio popularis, Thus, the Court, in accordance with Rule 36 (2) c) of the Rules of Procedure shall reject a Referral as being manifestly ill-founded